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LA21-000052 August 15, 2021 Page 3 of 5 Tier 1 6,031 s.f. 1,507 s.f. (25 %) 2,634 s.f. (43.7%) 2,634 s.f. (43.7%) *Existing nature of the impervious driveway/landscaping to decking; No overall Change Applicable Regulations: Hardcover; 75-Foot Setback Variances (Sections 78-1680 & 78-1700) The property’s ±116 feet of depth is challenging, particularly due to the applied average lakeshore setback at approximately 67-feet from the OHWL, the 75-foot lake setback, and the 30-foot rear yard setback. The required setbacks leave an approximate ±13 foot deep building envelope. The proposed addition maximizes the allowable building envelope and is proposed to encroach into the 75’ lake yard. The applicant has designed the addition to follow the neighboring homes and to meet the average lakeshore setback. A variance is required when a property is over the allowed hardcover maximum and a project is changing the nature of the hardcover from nonstructural to structural. The proposed hardcover level of 43.7%, where 25% is allowed. The deck would add 22 sq ft of new structural coverage where a driveway and impervious landscaping, nonstructural hardcover exists today. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed variances are in harmony with the purpose of the Ordinance. The small lot includes difficulties in its small size and width, and proximity to the lake. The lot is also challenged by Crystal Bay Road which runs through the lake yard. The average lakeshore setback is proposed to be met protecting views of the lake for adjacent properties. 2. The variance is consistent with the comprehensive plan. The proposed variances to use the property for a single family dwelling with 2nd story home addition for a home and deck addition for the front entry way are consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit construction of the addition to an existing home on the substandard lot, in the proposed location